Bail is the application that determines your liberty

The first application for bail is always made in the Magistrates Court. The question is, do I make the application myself or do I get a lawyer to make the application for me? The more serious the matter, the more attention will be placed on a bail application by the prosecution.

An application for bail involves an assessment of many aspects, including what conditions can be put in place that would satisfy the Court that the person will not commit further offences and the person will answer their bail when required to do so.

The court has the discretion to find that an offence is so serious that bail is not appropriate under any circumstances. We understand that being remanded in custody when presumed innocent is a frustrating situation.

Schedule II Bail Applications

A Schedule II application involves the accused having to show exceptional circumstances as to why bail should be granted. These types of applications arise when a person is on bail for a serious offence and commits a further serious offence. A serious offence is an offence described in Schedule II of the Bail Act, or a breach of a protective bail condition, violence restraining order or police order.

Once an application for bail is made in the Magistrates Court and refused, an application can only be brought again in the Magistrates Court where there is a change of circumstances.

The Supreme Court always has jurisdiction to hear a bail application after a refusal in the Magistrates Court. The District Court can also determine a bail application, it depends on the progress of your matter.

A successful Schedule II bail application is not impossible, it does however require skill, expertise and knowledge in the area.

The Court may require a surety, what a surety is is explained here: Surety Legal Aid Document

Talk to Holmes Criminal Lawyers about your application for bail, after all it is your liberty that is at stake. We have been successful in many bail applications where the ‘impossible was done’.

Paul Holmes will appear for you at your Bail application and ensure that all matters are before the Court.

We will appear on a Saturday or Sunday at the Northbridge Magistrates Court for an urgent Bail application. Call Paul Holmes Lawyer.